Seller to obtain Pool Safety Certificate
The Buyer and Seller agree that despite standard condition 4.2 it is the Seller’s responsibility to obtain a Pool Safety Certificate prior to settlement of this Contract. Should the Seller fail to obtain the Certificate the Buyer may terminate this Contract and all moneys paid shall be refunded and the Contract will be at an end. The buyer may waive the benefit of this clause.
Pool Fencing – At Sellers Responsibility
The Sellers shall at their expense by the date for completion ensure that the swimming pool is fenced to comply with the Local Authorities requirements including and without limitation compliance with any By-Law dealing with pool fencing.
If the Sellers are unable to comply with such requirements by the date for completion, the Sellers may elect to determine a date for completion not being more than thirty (30) days after the date shown as settlement date of this contract, to allow the Sellers to attempt to comply with such requirements and in that event the date so determined shall be the new settlement date. When appearing in this Contract and shall be interpreted accordingly.
If the Sellers are unable to comply with their obligations under this clause the Buyers shall be entitled to terminate this Contract and receive a refund or all deposit monies paid by them, and the Buyer shall not be entitled to make any other claim again the Sellers in respect of this matter.
The parties agree that this clause only shall govern their rights and obligations regarding the matter of the fencing of the pool and terms of this clause shall be in substitution for the party’s rights and obligations set out in the contract regarding such matter.
This contract is subject to and conditional on the Buyer being satisfied prior to Settlement, in the Buyer’s absolute discretion, that all final inspections and local authority approvals have been obtained for the swimming pool and swimming pool fence on the Property. In the event that the Buyer is not satisfied, the Buyer may, at the Buyer’s election,
Terminate this contract by notice to Seller and the contract shall be at an end and all the Deposit shall be refunded in full to the Buyer; OR
Require the Seller to do all necessary works, complete all necessary paperwork and pay all fees to obtain all such final inspections and local authority approvals prior to Settlement.
The Seller hereby acknowledges that this clause is for the benefit of the Buyer.
Pool Fence Not Satisfactory:
The Buyer hereby acknowledges by the signing of this contact that the swimming pool located on the property may not have fencing or swimming pool security that complies with all current legislative requirements. The Buyer further acknowledges that, notwithstanding anything to the contrary contained herein, that the Buyer cannot terminate this contract for any reason directly or indirectly related to or associated with the lack of pool fencing or swimming pool security or fencing or security that fails to comply with current legislative requirements.
Pool Fencing where Buyer claim Retention funds:
1. The Parties agree that this clause overwrites any other clause in the Contract dealing with pool fencing and in particular any warranties by the seller.
2. The Seller shall at their expense ensure that the pool and the property comply with the Local Authority’s requirements regarding the pool fencing. The Sellers agree to produce to the Buyers written evidence from the Local Authority of such compliance by settlement. If the Sellers are unable to produce such written evidence by settlement date the Buyers shall not be entitled to terminate this Contract but shall only be entitled to retain in the Buyer’s solicitors trust account $…….. of the purchase price until such time as the Sellers produce the evidence from the Local Authority that the pool and fencing comply with the Local Authority requirements.
3. If the Sellers produce the written evidence within 60 days of settlement date the Buyers shall authorize payment by their solicitor, without deduction, of the monies retained to the Sellers.
4. If the written evidence is not provided within such period the monies retained shall be paid to the Buyers and thereafter the Buyers shall have no claim again the Sellers regarding this matter.